knee injury. she was in very dramatic fashion airlifted out of there hopefully we will get you video. she is a awesome skier. incredible one. >> that will do it for us. and "happening now" begins right now. martha: bye, guys. jenna: right now brand new stories and breaking news. jon: drivers beware. gas prices on the rise again, hitting numbers we've never seen this time of year. any relief in sight? plus a dramatic ending to a hostage standoff that gripped the nation. the police storm an underground bunker to save a little boy two days before his sixth birthday. we'll tell you how he is doing today. a bizarre ruling from the bench that is father of four can not have anymore children. is that legal? we'll get into it. it is all "happening now." jon: a brand new look at one of the most secretive and controversial policies of the obama administration.

good morning, i'm jon scott. jenna: hi, everybody. glad you're with us today. i'm jenna lee. these reports are surfacing of a confidential justice department memo that authorizes the killing of american citizens overseas in drone strikes. now there's a caveat. the killing is allowed if they're leaders of al qaeda or a associated terror group. this alone considered an imminent threat, even if there is it no clear evidence that a specific attack on the united states will take place in the immediate future. and the whole controversial issue sure to come up when the president's pick to head the cia john brennan, testifies at his confirmation hearings later this week. timing matters. chief intelligence correspondent herridge shirge is live in washington with more on this. >> reporter: this is clash between executive powers and congressional oversight. at center of this is the assertion by the obama white house it has the right to target american citizens for death without judicial review. and while saying they

respect presidential authority in this letter from nine democrats and three republicans, they are asking the white house to release the documents. the reason in part, it is vitally important for congress and the american public to have a full understanding how the executive branch interprets the limits and boundaries of this authority so that congress and the public can decide whether the president's power to deliberately kill american citizens is subject to appropriate limitations and safeguards. the letter also warns that the failure to cooperate is likely to stall or even place a hold on the confirmation of white house counterterrorism advisor john brennan to the post of cia director. brennan is described as the architect of the expansion of the targeted killing program under president obama, jenna. jenna: catherine, we should go bigger with this as well, shouldn't we? it is not just about this president or this administration but the question is what is it means in the future for what administration are to come. who else is objecting from this? >> reporter: aside from republicans and democrats in the senate including those

who sit on the powerful intelligence committee, aclu, one of the president's traditional supporters on the left, said this lack of transparency was in direct conflict with the ruled of law. >> so it violates the very idea of having rule of law and then to have the architect of the whole program get a major promotion and be brought up for a cia director. senate intelligence committee and the full senate has to really ask some hard questions of mr. brennan. >> reporter: critics also point out that if the obama white house wants to build broad support for this program it would be in their interests to show more transparency as to the rules which govern targeted killings because targeting an american citizen for death without judicial due process is a real departure, even from what we saw under the bush administration. jenna: big story for us today, catherine. thank you. >> reporter: you're welcome. jon: right now high stakes negotiations underway in

washington of the president obama sitting down with top business and union leaders to talk about immigration reform and a possible guest worker program. meantime down the street on capitol hill the house judiciary committee holding its own hearing on immigration. joining us now to talk about all this, a.b. stoddard, associate editor and columnist for "the hill." the president you point out missed an opportunity or a deadline really to put forward his budget. what's he doing instead? >> well, he's going to make remarks today on the sequestration, the cuts that were enacted in the summer of 2011 in what was called the budget control act which never actually ultimately controlled the budget. those cuts were set to take effect at the end of the year and they have now been pushed off in the fiscal cliff new year's eve deal for two months and they're set to go online for march 1. he will suddenly turn around in february and ask the congress with less than a month to go to come up with a replacement for these

cuts. we don't know if he has a plan of his own in writing or whether he will urge the two parties to come together to replace the cuts no one has been able to more than a year and a half. jon: seems like we keep getting smaller and smaller in our outlook. sequestration was supposed to take place at the first of the year. we pushed it back a few months. now they will nibble at the edges of it again, i guess? >> well the president saw the numbers, the economic data out last week showing new contraction in the fourth quarter that really is going to hamper growth in 2013. he is looking at the sequestered cuts knowing that the estimates are half a percentage point. that growth, a real hit to consumer demand, this will be on his shoulders no matter what domestic agenda he is talking about, gun control, immigration reform or anything else. so he will be under pressure, if not in february or march, to come up with an agreement for operating funds for the government this year but also on what to do about the economy pause the sequestered cuts, both sides agree, would definitely affect growth at a time when

the economy doesn't look like it can handle that. jon: he was going to be the first post-partisan president, yet you say that in the state of the union, i'm sorry in his inaugural address, he incident -- didn't exactly hold out olive branches to rerepublicans. >> no, he did not. his inaugural address was a landmark speech about equality and was lauded by many people for that but it did not reach out to the republicans or really talk about the need for a solution to our fiscal crisis and coming together on these your gent matters -- urgent matters he knows he need to work with republicans on to secure a legacy for himself as president in the second term. i think in the state of the union address which is a week from today we'll be looking to see what the president does in terms of talking about bridging the divide and what he is willing to do to go to the middle on and sacrifice political pain for in order to get some concessions from the other side and actually

get a resolution to the fiscal crisis and other problems facing our country. he did not make that clear a couple weeks back though. jon: is immigration the most fertile ground? i mean the senate's talking about it. the white house is obviously talking about it and the house will hold hearings on later today? >> the immigration issue has never had a more magic moment in the years i've been covering the congress. i've seen this effort crash so many times. republicans really see some momentum on their side from those in the republican party who believe this is necessary for political survival. that states, as john mccain said, like arizona and texas, could actually go blue if the republican party doesn't join in an effort to fix the immigration system. there's a real question though on how far it to go. you see the president will be pushing for citizenship and a lot of members of the republican party are willing to talk about border security, work place enforcement and other issues but they do not want to go past legalization which

includes fines and other things to the ultimate sort of gift of citizenship for people who have broken the law. that is where the fight will come down. will we have a bill? probably. the will it go all the way to citizenship? probably not. jon: a.b. stoddard from "the hill". good to have you on. >> thank you. jenna: some new information on another big story today, on that suspenseful hostage standoff that came to a very dramatic end. fbi agents stormed a bunker where a man was holding a 5-year-old boy for a week. killing the hostage-taker and pulling out the boy, luckily unharmed. law enforcement believes they acted just in time. >> they had reason to believe that is why we went in to, you know, to save the child. jenna: elizabeth prann is live in midland city, alabama, where she is covering the story since it first broke a week ago. elizabeth, take us if you would to the scene of the crime. what is happening there now? >> well, we can see officials are still combing through the scene behind us. by all accounts this was a

very many could plex and a very sensitive situation. in fact bomb technicians were on site earlier this morning. we learned from the fbi. they are confirming there was a camera inside the bunker. they were speaking with jimmy lee dykes through a pipe as well as the cell phone. they witnessed the suspect's deterioration and they acted as he continued to get agitated. officials think that dykes was killed by law enforcement. fbi officials contacted us directly. they say they're processing the scene. they will send a review board that will later release the details about the shooting death of dykes. we've heard multiple questions about the drone surveillance. fbi said that military was not involved. the drone circling overhead was in fact from law enforcement. jenna. jenna: tomorrow is a big day for the boy. he has been through quite a bit and tell us about the big day and what are the plans for the boy? >> tomorrow is a big day.

it is his sixth birthday. the family says he is doing well. he is laughing. he is eating. playing with his toy dinosaur. he has a big day. the community is embracing him with cards, gifts and lots of prayers. listen. >> he has been through a lot. you they, he endured a lot and been through a lot. we want to follow-up and stay on top of him to make sure he heals. this will allow him to begin the healing process. birthday is tomorrow. and we, you know, we wish him a special birthday. >> reporter: he is in high demand. there is a vigil turned celebration tonight as a local town hall. they are working on organizing birthday party for hill. as we get more information. we'll bring that to him. jenna: experienced more in his short life than many will in an entire lifetime. we wish him and his family well. elizabeth, great reporting as always on this big story. we mentioned law enforcement felt like they acted just in time. why did they feel that way?

we'll talk to a panel of expert who is have worked closely with the fbi in many hostage situations over the years about why law enforcement decided to take action and what is next for that little boy who has a big birthday tomorrow. jon: also this legal matter. a judge rules on whether to allow court, cameras inside the courtroom when accused colorado movie theater shooter james holmes enters his plea next month. we'll tell you what he decided coming up. and you may want to start carpooling to work again. gas prices are back up and hitting record levels for this time of year. is there any relief in sight? what's going on?

jon: right now, new information in the case of accused movie theater shooter james holmes. a judge says he will once again allow cameras in the

courtroom when holmes enters his plea next month. this despite objections from the defense attorney saying it would violate his right to a fair trial. holmes is accused of killing 12 people at an aurora, colorado, move very theater last july. jenna: to your wallet. gas prices are on the rise again of the experts say they could go even higher. aaa says the average price of a gallon of gasoline is $3.5. what is important is not that number. the fact over the last week, gas prices have gone up 1 cents. it is the biggest weekly price gain in two years! so what is going on here? phil flynn, senior market analyst at price futures group, a fox business network contributor. he knows what is going on most of the time. phil, it is not even summer. what is going on with this sneaky, sneak can i spike in gas prices? >> it is like a disaster movie. i'll tell you what, if you look around from coast to coast. we've had one problem after another, all con spiring to

give us higher gasoline prices of the part of the problem is the weather in europe. usually in new york harbor we import gasoline from places like europe. it is so cold over there, they're worried about making heating fuels, not making a lot of gasoline. that led to a squeeze play in new york harbor. that drove up prices. it is not just the new york harbor. look at the west coast. they have all major refineries shut down for maintenance. that is a major problem. we have refinery problems down in texas. refinery problems in illinois, ohio. you name it, everything that could go wrong did go wrong and prices went up. add to that, look at crude prices. crude prices in december were $85 a barrel. they're up near $97 a barrel. jenna, anytime you see a move like that up in crude get ready to pay more at the pump. jenna: it certainly caught our attention. what's next, phil? what do you see over the next several weeks? >> i am hoping that our nightmare is close to being over. the price of crude looks

like it is finallyp to go out. some of these logistical areas with the refiners, we should pull back a little bit. but the bad news is, as soon as we get through all these little glitches, guess what? the summer driving season comes. we switch to those summertime blends. usually add 10 to 15 cents a gallon. i'm hopeful this 18 cents that we ran up over the last couple weeks, is going to go back down but then we're going to be paying a dime more for the summertime gasoline. we can't get a break. jenna: the good thing is we usually don't talk in february, phil. it is usually a quiet month. >> there you go. jenna: the silver lining we get a little more phil flynn in our life which we appreciate as you explain things so well. >> thank you, jenna. jenna: something we'll continue to watch, phil the thanks a lot. >> thanks, jenna. have a good one. jon: there are new details out on that horrific tour bus crash we told you about that killed seven people. turns out the bus had a long history of problems. we'll tell but the new details. the nation watched,

worried as a hostage-taker held a young boy captive underground for nearly a week. then, the fbi staged a daring rescue. we'll talk to experts how they pulled it off and how they knew just the right time to move in. >> i can tell you that over the past 24 hours our communications with the subject had deteriorated and we were certainly concerned for the safety of the child.

jenna: welcome back, everyone. she is the most decorated female american ski racer in our history. and she's injured. rick folbaum has more on this. rick? >> reporter: well the details are just coming out. we don't know a whole lot but we can tell you this event she was competing in the women's super g, is her

event, jenna. she will not win it not after a crash earlier today on the slopes. four-time overall world champ lost her balance landing a jump, losing one of her skis. that is the helicopter you see that had to take her off the mountain and had to transport her to a local hospital. media reports saying her injury is a complex knee injury. not life-threatening. we don't know exactly how serious it is. vonn had written a piece recently for "the denver post" previewing the race talking about the mountain in austria where the event was to take place. it is none an extremely complicated hill but it will be extremely important to have a good inspection before the race. not clear if that inspection took place. weather has been a real problem on the course including postponement of the race because of heavy fog. there has been a lot of rain on the mountain the last few days. no word whether or not that played any role. looks like a serious knee injury that should keep her from being able to compete for some time as we learn

more, jenna, we'll pass it along. jenna: that is file video we should mention to our viewers with lindsey vonn racing down the hill as we've seen her so often do, is spectacular at that. as we get video we'll show our viewers exactly what happened on the hill. rick, thank you. jon: this just in. report that is the tour bus that crashed in california yesterday had a long history of safety problems including faulty axles, brakes and a variety of other issues. the trouble so extreme the company that maintained the bus was put on a federal watch list. seven people were killed in that crash. about three dozen others injured including the driver. he told authorities he had a problem with the brakes. and investigators says the bus was coming from tijuana, mexico, driving slowly when it went downhill but sped up immediately before the crash. the bus was towed from the scene today but an sister says they had trouble getting that tow accomplish

because the breaks would not release. >> i can tell you i've been to the hospital. i have visited with ethan. he is doing fine. he's laughing, joking, playing, eating. the things that you would expect a normal five to 6-year-old young man to do. he is very brave. he is very lucky. and, this success story he is out safe and doing great. jenna: that was fbi special agent in charge steve richardson talking about the 5-year-old rescued in alabama, 5-year-old named oath than. it was very complex, very sensitive ordeal as you know. agents dealing with suspect who shot and killed a bus driver and kidnapped the 5-year-old and held him hostage in a bunker for nearly a week. agents were working round-the-clock to get him out safely and they succeeded but how did they do it? joining us a retired fbi agent and mary ellen o'toole,

retired fbi profiler and author of the book, dangerous instincts, how gut feelings betray us all. speaking about gut feelings, this really rattled a lot of us. for many of us this seemed to be a dangerous situation from the very beginning. tell us about the moment when as a negotiator you know that the only course here is to go in? how do you know that? tell us about that. >> well, it was a very dangerous situation and sensitive from the very beginning, and as part of this case what would have happened is the anticipating of looking for certain behaviors as the case evolved. so when they saw it, they would know, this is the time, this is going nowhere. this is deteriorating. they would be looking at dykes behavior and would be looking for any indication that he was posing a threat to himself and to ethan. when those two came together they knew, they planned for

it, that they would have to take immediate action to get ethan out of that bunker. jenna: so, jeff, you have worked as a special agent. we heard from the special agent in charge there at the top of this segment. tell us what happens when thenegotiator turns to you on the scene and says, that, we can't negotiate really anymore here, what do you do? >> well the first thing that they do is, first of all they're ready to do that at any moment. they're ready to make that tactical movement at a second's notice because of the danger of the situation and the harm that could come to that child. so when the negotiator says that's it, we can't negotiate anymore, now is the time to do it, the hrt, which is a highly elite team, highly trained, they're ready for meese missions --. jenna: that means, hrt, hostage rescue team? >> that's correct. it is a team of agents that are prepared to go and specially trained agents that are prepared to go anywhere in the world on four hours notice for these

types of situations or terroristic situations and emergencies like this. they're ready to go. so when the call is made they're going in and using all their training and everything they planned for. they learned about the bunker. they learned the floor plan. they know where he is standing. they know where the boy is and to go in and make the rescue as little safe as possible. jenna: the man is dead. the little boy is safe. seemingly good ending to a bizarre story. what happens next? >> the investigation continues. agents will be there on the scene with local law enforcement going through the bunker, looking for information about his motivation. they will also be interviewing people about his history and his background. this will be investigated for some time because we want to know what precipitated it, what led up to it. what is his background? because we know

unfortunately this kind of situation is likely to happen again. jenna: speaking of that, jeff, we were talking a little bit in an editorial meeting yesterday talking about this story and what's going to happen next. this is before the little boy was taken out alive, and we were wondering, you know, the news has been particularly crazy. i think we can all admit over the last several weeks. if you ever find yourself in a situation with a hostage and a gunman, what are you to do? is there anything we could take away as a lesson from this for the rest of us? >> if you're ever in that situation, you certainly, you're in danger and you do whatever the hostage-taker says. you don't try to escalate things. you don't challenge them. you would do what you would do in a workplace violence type of situation. you show empathy, understanding for the person. you buy yourself some time, as much as possible until you're rescued. that is really the only thing you can do. not trying to do anything that is going to escalate the situation, challenging the hostage-taker may result in violence. jenna: things are very different when you're five years old.

we're so glad this little boy, so much better to talk about the segment with the two of you when we know it had the outcome it did even as bizarre and dangerous as the suspect is at this time. jeff, mary ellen, great to have you. thank you so much for your time today and your expertise. >> you're very welcome. >> you're very welcome. jon: good to have a happy ending to that story. the entire boeing 787 dreamliner fleet was grounded last month. now investigators are zeroing in on the battery problems that may have caused a problem in that airplane. the evidence they have just found. we're live at the breaking news desk. a controversial court ruling. when a judge orders a man to stop having kids because he owes nearly $100,000 in child support. his lawyer plans to appeal. does he have a case? other legal panel weighs in. hey, it's me, progressive insurance. you know, from our 4,000 television commercials. yep, there i am with flo. hoo-hoo! watch it!

[chuckles] anyhoo, 3 million people switched to me last year, saving an average of $475. [sigh] it feels good to help people save... with great discounts like safe driver, multicar, and multipolicy. so call me today. you'll be glad you did. cannonbox! [splash!]

jenna: welcome back, everyone. right now investigators are zeroing in on one of our country's biggest companies, potentially some major consequences for thousands, tens of thousands of american jobs. the question that they're trying to figure out is, what went wrong with boeing's dreamliner? rick folbaum has the details from the breaking news desk. rick? >> it is a big question, jenna. boeing's dreamliners were made with lithium-ion batteries, batteries used because they're lighter in weight and more powerful from others on the market. the problem the batteries get much hotter than other types. that is what led to the

entire fleet of dreamliners, all 50 of them being grounded. investigators in japan, sort of their equivalent ever the ntsb there, found evidence of called thermal runaway in an incident in japan last month. basically the battery overheated on the 787. that seems to be what happened in a second japanese owned dreamliner that caught fire while parked in boston last month at logan airport. no one was hurt in any of these case. this is major pr problem for boeing which advertised the these planes as the future of 21st century air travel. the company is working on fixes to the problem. they asked the faa to begin permission to do test flights with the dreamliner. the faa will only say that boeing's request is being considered. that is where things stand right now. they're still grounded. jenna: more on this as we get it. rick, thank you. >> all efforts to avoid impregnating during the community control period or until such time as the

defendant can prove to this court he is able to provide support for his children that he already had. jon: a little difficulty to hear that but it was a pretty interesting ruling out of ohio where a judge orders a father of four to stop having kids averaging up nearly $100,000 in unpaid child support payments. 35-year-old asim taylor pleaded guilty on wednesday. was sentenced to an additional five years probation but taylor's lawyer says he plans it appeal the case on the grounds it violates his clients right to privacy. now in wisconsin two different judges have issued similar no children orders in recent months. is that legal? let's talk about it with lis wiehl, fox news legal analyst and former prosecutor. doug burns is a former federal prosecutor. in this ohio case, doug, this guy has nine children by six different mothers. >> yes. jon: one mother claims that he pays when he can but he is $50,000 behind in support payments and $40,000 in

interest and penalties. >> right. jon: the judge says, no more kids until you can pay. legal? >> it is very interesting. i would say no it is not legal. you can not, here's the thing, courts have tremendous leeway in fashioning conditions of probation and many people would say this is sensible one and i can see that written on your face, however --. jon: lis is raising your hand. >> you can't check the constitution at the door. there is constitutional right to procreate. there is question of semantics. in other words you can't say, no kids period but you probably can say, no kids until you can demonstrate the feasibility of your economics on it. >> first of all there is no right to procreate. i know supreme court decision you're talking about. it implied something completely different. offenders already in jail, not people that were out. take care of that supreme court decision there. secondly absolutely a judge can say as a matter of probation, if you want to go back to jail and have kids, i don't know how you have kids in jail, you can go back to jail you can do that. if you want the probation, if you want this privilege after probation you've got

to abide by certain conditions. if you can show during the three years or five years or whatever its that you can actually pay for those kids we'll lift that session of the provision of probation. by the way not just those two wisconsin cases, there is case in florida very recently where a woman was told as a condition of her probation she could not procreate for 14 years. jon: so, well, let's go back to the case. >> scanner very oklahoma. 1942. and the point is while you're right, it -- >> might as well stop. >> it is not as we lawyers say, directly on point. >> that's right. >> in the sense it has to do with sterilization. most law professors say that that case stands for constitutional right to procreate and that can't not be taken away by a court. >> if it is a probation, you're bringing law professors, doug? really. >> why not. >> makes sense. the guy is in arrears $96,000 to all of these

kids. as a term of probation, if he can get his act together and pay, then fine. jon: nonetheless this is america the even if you can't pay child support for your kids you can somehow find an attorney to represent you and taylor has one and his attorney said this. >> oh okay. >> he can assure not impreg nating a woman not to have sex. i do not believe the court has the ability to do that based on the case law, based on his fundamental rights, i don't believe the court has the ability to do that. jon: that doug merrill, his attorney. >> another doug making that point which is a court can't tell you can't have children. >> well, this is a family show so i don't really want to go into much of the difference having inture cows and having children but he didn't quite say that. >> you said you're taking away my right to have sexual relations. >> that is not what he is saying. this is family show, folks so. jon: if he can't support those kids, that may become

a burden on the state. >> that's right. we all end up paying. >> you're right. but it is a tricky distinction. i totally agree with you by the way from a policy standpoint you shouldn't necessarily allow someone to have a child that can't afford it. people said that in negative context, we don't give licenses to be a parent. you're fundamentally entitled to have a child. it is terrible you can't do the right thing but that is separate thing. >> guy is in the civil. he is under probation. there are lots of things, drug testing people say that violates my right to privacy. if you have a drug violation, no, it doesn't. we pay the judge to have the judgement to say certain probation restrictions apply to certain crimes. >> you can't analgize drug testing with is standard condition of probation to having a child. come on. >> the judge is able to carve out that term of probation and what the terms should be. >> i still think it is illegal. >> i still think you're wrong. jon: he is 35 years old, asim taylor is so he has a few more years to father.

>> we're talking five years. jon: let's hope he gets the debt paid off and maybe the judge will cut him slack. >> judge said, by the way, if you do that i will lift it. we discussed that. >> if he comes up with the money. 96,000. jon: we'll keep an eye on that one. lis wiehl. >> you got it. jon: doug burns. what a story. thank you both. jenna: lis and i want to talk to the woman he dates next, right? that is where -- >> stay away. jenna: we came across some dramatic new video we just had to show you. take a look at these incredible images of what apparently is an iranian oil rig sinking into the persian gulf last week. you see the people on the top of it. doesn't look good for testimony, right? several reports say this is $40 million structure being installed by the iranian revolutionary guard. bears reminding iran, state sponsor of terror for many years and we're sanctioning them to have them abandon their nuclear program. this is what happened in the persian gulf according to this video. you see the workers abandon the rig. apparently according to

local reports, that is all we have at this time, the workers were rescued and, jon, iran i think wants some foreign help to get that stuck ture -- structure from the depths of the persian gulf. jon: i'm going with the rig abandoned the workers. jenna: you know what? the writing is important there, jon. unconfirmed. jon: you're absolutely right. iran is asking the rest of the world for help. that thing is lying about 240 feet down at the bottom of the persian gulf. they need a little help bringing it up and they would like the rest of us to provide it. jenna: we'll keep you posted. jon: please do. all right, some brand new developments to tell you about in the trayvon martin murder case. a judge ruling on an important request by the attorneys for george zimmerman. we're live from the courthouse in florida with more on that. plus, what are the odds of this? an arizona couple gets the surprise of their life while canoeing in open ocean.

can your hearing aid do this? lyric can. lyric can. lyric can. lyric by phonak is the world's only 24/7, 100% invisible hearing device. it's tiny. but that might be the least revolutionary thing about lyric. lyric can be worn 24/7 for up to four months, without battery changes. call 1-800-411-7040 for a risk-free trial. cookie: there's absolutely no way anyone can see it even if they get right up to my ear. michael: wake up, go to sleep...showering, running, all your activities. lyric can also give you exceptionallclear, natural sound in quiet and noisy environments because of how it works with your ear's own anatomy. can your hearing aid do all this? lyric can. to learn more about lyric's advanced technology, call 1-800-411-7040 or visit trylyric.com for a risk-free 30 day trial offer and free dvd and brochure.

get the hearing aid that can. lyric from phonak. lyric can.

jenna: a whale of a tale, caught on video off the coast of hawaii. >> oh. jenna: yikes! they were canoeing with a couple of friends off maui when a whale hitting the canoe. the whale unfazed by what happened. that is not exactly what happened to the people. they made it back onshore safely. they have great video and story to tell. jon: great pictures. this just in. george zimmerman the former neighborhood watch man accused of killing teenager trayvon martin back in court today. a judge denying his lawyers request to delay the start of his trial. phil keating outside the courthouse in sanford, florida. as usual in this controversial case, phil,

the arguing between the two sides courtroom got pretty heated, huh. >> reporter: always legally entertaining upstairs but both sides left the building with some victories. george zimmerman defense team will get the twitter and facebook account information for trayvon martin as well as crucial witness, witness number eight. that is the 6-year-old girl who claims she was on a cell phone with trayvon martin february 26th as this incident -- 16-year-old. as this incident between neighborhood watch activist, george zimmerman and unarmed teenager trayvon martin actually began. george zimmerman sat in court there, not saying a word as usual. listening as judge debra nelson decisively ruled no on his trial request delay. >> four months away from a trial date. i don't see any of your issues to be insurmountable. the court has no reason to continue the case. therefore the motion to continue is denied. >> reporter: that means on

june 10th, that is the date set for the second-degree murder trial of george zimmerman to begin. however, the defense team for him is going to motion for an immunity hearing, the stand your ground hearing, which is basically the defense of george zimmerman that he is going to use the stand your ground law in florida, highly controversial, to claim self-defense. that will essentially be a mini-trial. that is expected to happen in april. jon: unlike in previous hearings, i understand the parents of trayvon martin did not show up today, is that correct? >> reporter: their attorney said they were absolutely overwell manied with grief since this is the birthday of trayvon martin. he would have been 18 years old today. this morning before the court began a group of supporters did at least mark the occasion. >> happy birthday to you trayvon. happy birthday to trayvon ♪. >> where it is normally always a joyous celebration

for sabrina to go out and get cake and ice cream for her boys even though they were growing up, she still, every birthday would get cake and ice cream for them. >> reporter: and the george zimmerman defense team is extremely close at this point of running out of funding. more than $300,000 over the past ten months that have poured in via supporters around the nation, all in donations. they have burned through that, including about $60,000 in living expenses for george zimmerman and his wife. mark o'mara, his attorney, saying today that he will likely, if more donations come in very, very soon, have to ask the state for assistance which would mean florida taxpayers would end up helping to fund or entirely fund the defense of george zimmerman. and additional note on that stand your ground hearing in april, if the defense prevails in front of a judge, that would mean there would be no trial, no date in court for the family of

trayvon martin in front of a jury. but that remains to be seen. jon: thanks for keeping an eye on that very controversial case for us. phil keating in sanford, florida. >> reporter: okay. jenna: while there is a lot of talk about the future of women in the military we haven't spent a lot of time what the reality is for them now. up next a woman whose writing inspired the tv series, army wives, joins us with her latest work and her take on the latest news. inside the minds of one of the country's most notorious serial killers. we never before heard tapes from john wayne gacy. what he had to say before his execution. >> it was all the little things. little things get done, how can you depend on anything in my life. i think being sold down the river right now.

get ready for a lot more of that new-plane smell. we're building the youngest, most modern fleet among the largest us airlines to ensure that you are more comfortable and connected than ever. we are becoming a new american. did you know not all fiber is the same? citrucel is different- it's the only fiber for regularity that won't cause excess gas. it's gentle and clinically proven to help restore and maintain regularity. look for citrucel today.

jenna: "happening now", a new era for women in the military. or is it? according to a department of defense report women make up nearly 15% of our active servicemembers. their role only highlighted recently after the pentagon looked at ban on women serving in combat. while there's a lot of talk about the future of women in the military, we haven't spent a lot of time what the reality is for them now. that is the subject of a new book by an author known for her book turned tv series, "army wives". you might know that. her new book, umdaunted. the real story of american kfs women in the military. on bookstores today. congratulations. a big accomplishment. >> thank you very much. jenna: we don't spend a lot of time what is actually going on right now. you followed some women over a five, six-year period. tell us a little bit about the reality that they face. >> well, with this book i

wanted to see what does it take to really be a successful servicewoman, what does it take? so i found these four extraordinary women who are all trailblazers. but the thing about the military is, professional success often comes at a personal price for both men and women but women face their own set of unique challenges that they often deal with out of public view. i wanted to examine that. jenna: what can you tell us about some of those challenges? >> marriage and motherhood. trying to juggle it all. can women have it all is something that we deal with in the civilian society but in the military the military mission must come first before all else. it's difficult. jenna: it sound extraordinarily difficult. i was taking a look at a different profiles of women you followed. one a general, 30 years of service. one a platoon leader at age 22 finding herself leading troops in front lines in

afghanistan. another one has a combat ribbon in iraq. one is facing a personal challenge as well. we talked about women in combat over the last couple weeks. i'm curious what you have seen the women experience, what do you think the practical change is what the pentagon is now saying versus what these woman have been doing? >> lifting the ban was really an affirmation of where the military has been headed. and the big difference now is that there is going to be more career opportunities for women who want to go into the come bat -- combat arms branches. majority of the branches the 80% of generals come from the combat arms branch. >> have you spoken to the women you profiled over last several years? what is their reaction? >> i have. it runs from the gamut to excitement, surprise, and consternation how this will be implemented. >> a big question a lot of women have today, seems every day, you can speak to this as woman with a career and kids as well, can women

have it all? >> maybe not all at the same time. usually something has to give and i think especially for women who are in dual military marriages where both the husband and wife are in uniform it is very, very difficult when you add kids to the mix. jenna: i'm looking forward to reading the book. sounds like a fascinating process for you as well. we appreciate the time today. congratulations. it will be a tv series too? because we want to know. jon volunteering forecasting in case you need a guy, just in case. >> well, brook shields is going to be on "army wives" which debuts in march. she requested a copy of umdaunted to prepare for her role. she will be an air force colonel on the show. jenna: that is very interesting. a little tidbit, a little hollywood. thank you for that. appreciate it very much. jon has a lot of experience on stage. jon, you should get ready. jon: i wonder if i could moonlight? do you think fox would allow it? jenna: i think so. he could do it. jon: hair is getting a little long.

the u.s. is getting more involved in the civil war in syria. american batteries of patriot missiles are operational right now in neighboring turkey. a live report from the scene coming up. and jodi arias expected to take the stand again today. what will she say this time?

jenna: noon here on the east coast, and a fox news alert. we're awaiting the president at the white house where he plans to make a statement in a little over an hour, he's going to be asking congress to pass a small, short-term package of spending cuts and tax reforms. this move key because it would delay the largerrer, automatic sequester cuts we've been talking so much about from actually going into effect. it would also give lawmakers a little more time to agree on a broader budget deal. huge cuts to defense and domestic programs are scheduled to take place on march 1st unless something is done, but the questions remain about how many short-term packages both sides of the aisle can put together before some real decisions have to be made about

our budget, our debt and our deficit. big questions today, the president's remarks 1:15 eastern time. >> reporter: and we're here in the newsroom, joadty is back on the witness stand again today, she's trying to stay off of death row. of she said she killed her boyfriend out of self-defense, prosecutors will ask her why that meant shooting him in the head and stabbing him 27 times. also, the whole country very, very relieved to hear that 5-year-old boy who had been held hostage in alabama was freed successfully. we'll talk with a child psychologist about the emotional challenges that boy will now face. and everyone knows you can't get blood from a stone, but can you get water from a rock on mars? nasa's trying to find that out. we've got an update for you. second hour of "happening now" starts right now. ♪ jenna: great to have you with us, everybody, on this tuesday. i'm jenna lee. jon: and i'm jon scott.

a soft spoken and relatively calm jodi areas stet to take the -- set to take the stand again today. areas, as you might know, is charged in the brutal stabbing death of her boyfriend back in 2008. yesterday she began telling jurors her side of the story claiming she had to kill travis alexander to save her own life. >> did you kill travis alexander on june 4, 2008? >> yes, i did. >> why? >> um, the simple answer is that he attacked me. and i defended myself. jon: adam houseley following this story live from los angeles. more ahead today, huh, adamsome. >> reporter: yeah, jon, a bit of a surprise move when they say they saw her take the stand yesterday. it's kind of a move the defense needed to do. in any case, she took the stand very calmly laying out the details of her life up to this point as she tries to save her

life. again, she's charged in that 2008 murder of her boyfriend, travis alexander. she claims she had an abusive childhood, that a boyfriend in high school tried to strangle her, but the detectives say she stabbed and slashed alexander 27 times, slit his throat, shot him in the forehead, left his body in the bathroom for five days, took pictures and then lied about it. now, as you saw, she did admit to killing alexander, but the defense maintains it was all in self-defense. she also has to answer questions about an interview she gave where she said a jury would never convict her. >> in that tape you said that no jury would convict you, something to that effect. do you remember saying that? do you remember saying that? >> yeah, i did say that. >> why? >> um, i made that statement in september 2008, i believe it was, and at the time i had plans

to commit suicide. i was very confident that no jury would convict me because i planned to be dead. probably the most bitter words i'll ever even. >> arias is charged with killing alexander. now, the prosecution contends she killedded him after a jealous rage when she found out he planned to take a trip to mexico with another woman. her mother's been sitting in the front rowing hearing these details about her supposed tough childhood showing no emotion, but even after we see those two big key pieces of evidence, the first saying she killed him and the second she was going to kill herself, everybody's expecting the cross-examination. the defense is still having her on the stand. once they're done, the prosecution, the cross-examination, everybody's watching to see how that all plays out in that courtroom, jon, because there are a number of questions she's going to have to answer, and you can bet the prosecution's going to go after those. jon: yeah. she claims she was of beaten as a child by her participants, and

her mother's sitting there listening to this whole thing. >> absolutely. she claims there was of a wooden spoon involves, really bizarre details. and the prosecution says they haven't even heard of these stories, so it's going to be interesting because, again, her stories have changed four or five times, and a lot of people were saying it was a shot in the dark for the defense to put her on the stand. jon: all right, adam houseley, coming up later this hour we're going to speak about this latest development and discuss what jodi arias' defense team is hoping to accomplish by letting her take the stand. jenna: right now the white house and congress launching a high-stakes push to overhaul immigration. the chairman of the house judiciary committee saying the nation ice 'em prayings -- nation's immigration system is in desperate need of repair. all of that happening while we await the president's remarks. he plans to ask congress to come up with something, some sort of spending cuts and tax revenues to put off the automatic, across-the-board cuts scheduled

to kick in on march 1st. mike emanuel's live on capitol hill. so, mike, let's start with immigration first. we've heard a lot about bipartisan immigration in the senate. you know, any effort towards a bill in the senate. but where do things stand in the house today? >> reporter: well, jenna, it is early. the house judiciary committee is holding its first hearing on immigration policy. they are hearing from experts about how the legal immigration system in the united states doesn't work in terms of allowing highly-skilled workers to come here for economic reasons. here's a house democrat on the problem of illegal immigration. >> every day our system tears families apart; husbands from their wives, parents from their children. if we want a moral and humane system, we have a lot of work to do. america is ready for us to do that work. >> reporter: there's plenty of talk about the path to citizenship, also about the critical component of enforcement which are key

components of the bipartisan senate plan. today house speaker john boehner complimented the eight senators who have been working on immigration reform but says this isn't a race. jenna: mike, while the president is, is listening to all of this regarding immigration -- which we understand that's something a priority for his second term -- we expect to hear from mihm in a -- from him in a little bit about a way to avoid sequester. is he going to be proposing something to the american people, to congress, his own proposal that he'd like congress to pass, or is he trying to pressure congress to come up with their own plan by this march 1st deadline? >> reporter: well, we know, jenna, that he would like to have congress pass a short-term extension of, essentially, spending cuts and some tax revenue as well to try to avoid those deep cuts to defense and domestic spending. they were initially set to start january 1st, they were bumping back to march 1st. well, march 1st will beer here before you know it. house speaker john boehner notes

the house has passed more common sense cuts that have not gone anywhere, and he says he does not want a plan that will just be more tax hikes. speaker boehner issued a statement saying, quote: the president's sequester should be replaced with spending cuts and reforms that will start us on the path to balancing the budget in ten years. that is called trying to get ahead of the president. jenna? jenna: that is what that is, isn't it, mike? now, march 1st will be here before we know it, as you mentioned, but valentine's day is next week, right? we can't forget that. >> reporter: absolutely right. jenna: and i like your wife -- >> reporter: i'll call your husband. [laughter] jenna: thank you, mike, appreciate it. he has him on speed dial. coming up, california congressman darrell issa is going to join us fresh from today's hearing. he can tell us about the efforts to find a balanced and practical approach to immigration reform. the very latest with details today on the quest for immigration reform. jon. jon: we'll be talking about it. right now what may be the most high-profile involvement by america yet in the syria crisis.

close to the syrian borderer, american batteries of patriot missiles in turkey go operational today. the move described as defensive in nature after syrian shells have hit towns and killed civilians in turkey, a nato ally. greg talcott streams live from a base in turkey, he's the only american network correspondent reporting from -- >> reporter: jon, that's right. as of today the u.s. is now militarily involved, at least to some degree, in the syria conflict. at the turkish military base behind me, we watched today as the patriot missile battery here was turned on, some 400 soldiers from oklahoma, texas and elsewhere are now 30 miles away from some of the ugh -- ugliest fighting in syria. military officials we talked to today were very careful to say this is purely defensive, protecting the population of an important nato ally. symbolically, however, some see this as offensive in nature, at least a display of force.

take a look at what we saw. this is a launcher of a patriot missile battery being manned by u.s. soldiers here in turkey. its aim is to shoot down any syrian missiles coming over that horizon. syria has these missiles, it is using them. the theory is those missiles could be tipped with chemical weapons. the folks here say they can handle that as well. some are upset here about the u.s. syria has said that, in fact, the presence of the u.s. tightens the conflict here. iran and russia has called it provocative, even some in turkey itself are angry. the group responsible for that attack last friday on the u.s. embassy in alaska rah cited deployment for a reason. others are saying the u.s. is not doing enough, that they literally are standing by the sidelines with 60,000-plus dead and 700,000 refugees. still, as we saw in that israeli

attack on syria targets last week, this crisis is more and more becoming a regional conflict, and right now some men and women from the states are more involved. back to you, jon. jon: all right. greg talcott reporting live from turkey. greg, thank you. jenna: another story out of the middle easts we're watching very closely today, iran's president making history, becoming the first iranian head of state to visit egypt since iran's 1979 revolution. his trip is the latest sign, some say, of improved relations between these two countries. such a visit, we should mention, would have been pretty unthinkable under egypt's former president, mubarak, who signed a peace treaty with israel which iran would, of course, like to see wiped off the map. they would like to see that of israel. meantime, there are tentative reports iran will hold nuclear talks with world powers three weeks from today in kazahkstan. now, negotiations have stalled since talks held last june in

moscow, but it's important to point out that none of these talks have ended iran's pursuits of a nuclear weapon, so we'll keep an eye on things in the middle east. nothing really happens alone. what's happening in syria and turkey, egypt and iran, all of this is related and connected. important to keep an eye on it all. jon: exactly right. eric cantor set to outline a new agenda for republicans. we'll get you a live report on that. plus, a big push on immigration reform. president obama hosting liberal groups and labor leaders at the white house, and lawmakers on the hill are taking it up. a key congressman at today's hearing, darrell issa of california, joins us next. ♪ [ male announcer ] this is sheldo whose long day setting up the news

starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news.

jon: right now the white house and congress are taking a close look at reforming our nation's immigration laws. president obama meeting today with labor leaders, progressive groups and members of the

business community while on capitol hill the house judiciary committee is holding a hearing on america's immigration system focusing on opportunities for legal immigration and the enforcement of laws against ill l legal immigrationment california congressman darrell issa, a republican on that committee, we should point out there is some kind of an alarm going off in the background, congressman. we thank you for sticking with us through what i'm sure is a difficult exercise here. but -- >> little bit. jon: this is said to be kind of an interesting approach to start with committee hearings. can you tell us about it? >> well, jon, this is something that began 12 years ago and it's had a long hiatus. and that is reviewing that which we agree about. today we're hearing that we agree about high-skilled people, particularly ones who get advanced degrees in science and math from u.s. universities. they need to be allowed to stay here because they're net creators of jobs. we're also hearing about the need for a guest worker program for migrant labor, for people who pick our crops. and then in between we have 11

million people, many of whom have been here a long time, we need to come to consensus at least on the things we can agree on and take care of those including making sure we don't have to go through this exercise again and again. you know, america allows one million people to come here legally to become citizens every every year. we have to take a little credit for the fact that even though our system is broken, it's still the most generous in the world. jon: the republican party, well, 7 out of 10 hispanics in this country voted for president obama in the last election. many observers say republicans are perceived as anti-immigrant. now, you're a republican. tell us, is it true? >> of course not at all. this has been a challenge for a very long time. new immigrants like my grandfather when he came to america from lebanon naturally seem to become democrats over time when they realize that the pathway to success in this country is in the private sector, it's in freedom and

opportunity, they tend to become republicans. this was true of irish who once were or in lockstep with the democratic party and today are almost equally split. i think the important thing that we're dealing with today though is as a compassionate nation, we cannot raise expectations and then shatter them for generation after generation of people who come here looking for jobs. we've got to have a system that works, that's enforceable and that, in fact, fills those slots that today are in some cases filled by people who are here illegally. we've got to solve this problem and set expectations and reality equal. that's the compassionate thing to do, it's the right thing to do, and it's what republicans are talking about today. jon: mike emanuel said that the house is trying to get ahead of the president on the immigration issue. your response? >> well, i think that the senate was ahead of everyone, and on a bipartisan basis they outlined some of the structures of a good, bipartisan bill. the president then took that, repeated it but left off the enforcement trigger, something that they had agreed on a

bipartisan basis would cause them not to have to deal with 11 million illegals again. so in a sense the president's trying to go to the left of a bipartisan senate deal, and i think republicans in the house are trying to figure out what we can do on a bipartisan basis or a partisan basis if necessary that will help fix this problem be, help people who want to be here and who can add to our economy be here and add to our economy. jon: we know those hearings are still going on, we appreciate you taking time to step out and talk to us for just a minute. congressman darrell issa of california, thank you. >> thank you, jon. jenna: well, it's an incredible discovery overseas, the remains of king richard iii found buried beneath a parking lot, of all places. how in the world did they get there? plus, what this infamous ruler may have actually looked like. there's no portraits or drawings or anything like this. they have some special technology that's doing that. also, a terrible ordeal is

over for ethan in alabama. coming up, we're going to talk to a child psychologist about what ethan may be going through now and in the future. >> he's been through a lot. you know, he's endured a lot and been through a lot, and we just want to stay on top of him, make sure he heals, you know? this'll allow him to begin the healing process. [ woman ] if you have the audacity to believe your financial advisor should focus on your long-term goals, not their short-term agenda. [ woman ] if you have the nerve to believe that cookie cutters should be for cookies, not your investment strategy. if you believe in the sheer brilliance of a simple explanation. [ male announcer ] join the nearly 7 million investors who think like you do: face time and think time make a difference. join us. [ male announcer ] at edward jones, it's how we make sense of investing.

hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach. i wish my patients could see what i see. ♪ that over time, having high cholesterol and any of these risk factors can put them at increased risk for plaque buildup inheir arteries. so it's even more important to lower their cholesterol, and that's why, when diet and exercise alonaren't enough, i prescribe crestor. in a clinical trial versus lipitor, crestor got more high-risk patients' bad cholesterol to a goal of under 100.

[ female announcer ] crestor is not right for everyone. like people with liver disease or women who are nursing, pregnant or may become pregnant. tell your doctor about other medicines yore taking. ll your doctoright away if you have muscle pain or weakness, feel unusually tired, have loss of appetite, upper belly pain, dark urine or yellowing of skin or eyes. these could be signs of rare but serious side effects. ♪ is your cholesterol at goal? talk to youdoctor about crestor. [ femalannouncer ] if you can't afford your medication, astrazeneca may be able to help.

>> looking to launch your journalism career? well, this is your chance. report, edit, shoot and launch a quality package. a trip to our nyc headquarters -- >> and a chance to interview for a job or internship -- >> with the very best in the business. >> go to foxnews.com/college challenge. >> and somewhere now. jon: that is right, aspiring

journalists, you have three more days to sign up for the fox news college challenge. juniors and seniors majoring in journalism or communications can win a $10,000 scholarship along with other amazing prizes. after you've entered, you'll have to submit your best fair and balanced news video package along with the names of the members on your team. find details on foxnews.com/collegechallenge. so take it to the next level, sign up now. along with that $10,000 scholarship, the winner's school also receives a $10,000 grant. you'll also get an interview for a job or internship along with a trip to new york city. last year's winners from the university of montana received their check live on "fox & friends." jenna: well, right now a 5-year-old boy, ethan, in alabama is trying to recover after enduring what could only be described as a terrifying ordeal. held hostage in an underground bunker for a week. now, yesterday afternoon the little boy was finally freed and transport today a local hospital

in many an ambulance. you're seeing some of the images we have from the scene there. his captor, jimmy lee dykes, is now dead, killed during an ambush, we think -- according to reports -- by law enforcement after a breakdown in negotiations. we say we think because there's still confusing reports about maybe did he take his own life. dykes was also accused of killing this school bus driver before taking the little boy hostage. the effort to rescue him led by the fbi who's now saying that the boy seems to be doing okay. >> i can tell you that i've been to the hospital, i have visited with ethan. he is doing fine. he's laughing, joking, playing, eating, the things that you would expect a normal 5 to 6-year-old young man to do. he's very brave, he's very lucky, and the success story is that he is out safe and doing great. jenna: amy howard is a clinical

psychologist at the child mind institute, has worked with children over the years of the same age, and, doctor, i'm just curious, after hear what the special agent said there, his description of the little boy, what goes through your mind as a professional? >> he's doing well right now, and that's so terrific. he's reunited with his parents, and this is to be expected that this is an initial phase where it's exciting and comforting and reassuring to be back with his loved ones. jenna: what's the next phase you'll watch for? >> so it's really for kids and grown ups to experience symptoms after they have a trauma like this, so clinginess, worries about separating from mom and dad, tummy aches, difficulty sleeping, temper tantrums, that kind of thing. jenna: want to stay really close to the facts here because we project a lot. the terrifying ordeal, this horrifying situation, yet we really don't know exactly what this little boy experienced. the one thing we know is that he's 5. so for a 5-year-old, how is that different from, let's say, a

10-year-old experiencing it, a 15-year-old experiencing it, an adult. how does the age matter? >> 5-year-olds have something called associative logic or magical thinking. so it happened on a tuesday, and he might be thinking tuesdays are bad days, so you want to ask lots of open-ended questions and see what his perception of the events are, see what kind of causes he's inferring from everything that happened and then correct some of that misinformation that might be going on. jenna: how would you even approach that? >> ask lots of open-ended questions, right? so you want to ask him how are you feeling? how would you describe what happened? it's really important for kids and for grown-ups, too, to create a narrative after a trauma happens, and that means sort of create a story to make meaning of the event. you want to accept the reality of the of facts, and you want to do it in a way that restores their feelings of safety. jenna: we do know that the fbi and some of their hostage response team that was there saw something inside the bunker. we don't really know exactly

what they were giving the boy some food and some toys through that pipe that we hear about. >> uh-huh. jenna: how do you draw from him what his experience really was down there without projecting on him how you would feel about the situation if you were trapped in a bunker with a guy? >> that's a really important point, because a lot of times grown-ups do project their own fears and their own interpretations onto kids. so that's why we really want to ask him what's his perspective. he may have felt more safe than we would have imagined, or he might have felt terrified, but it matters what his perception was. jenna: we're thinking about some of the children we've seen, elizabeth smart comes to mind, somebody that's been held hostage. we do know more details about the horrible things she had to endure, but she seems to have come through that with great resilience. what's key to that? is that just a personality trait, or is there something that can be done to help that alone? >> there are things that can be done to help ethan be resilient.

we want his parents to maintain expectations for him, we want the community to come together and support the whole family, that's a really nice message that the community cares so much about him. we want to provide reassurance and help him have a new appreciation for what it means to be safe and how he can be safe and trust people in the world. jenna: and a big birthday tomorrow. got to mark that, right? the cake, the whole deal. >> it's good timing. jenna: it is. we wish him well. great to have your expertise. thank you very much. jon? jon: great news a that that little boy is safe. it has been roaming around on the red planet for more than six months. next, see how the mars rover is gearing up for one of its biggest fact-finding missions yet. and house majority leader eric cantor set to outline his own vision for immigration reform. we have a preview coming up. also, the defense attorney for jodi arias making the unusual call to put her on the stand. will her testimony keep her off death row? our legal panel is back to weigh in, next. >> my dad asked where i'd been,

and i had fallen asleep. he woke me up around six, and so when i sat up and i was disoriented because i had been sleeping, so i didn't give him a satisfactory answer, so he hit me across the face, and i fell back down. i gave birth to my daughter on may 18th,

five days later, i had a massive heart attack. bayer aspirin was the first thing the emts gave me. now, i'm on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. [ woman ] learn from my story. by the armful? by the barrelful? the carful? how about...by the bowlful? campbell's soups give you nutrition, energy, we say "we think because there's campbell's. it's amazing what soup can do.

jenna: well, as we await the president who we expect to hear from in many about 40 minutes on what he'd like to do to avoid sequestration, we also expect to

hear about the groundwork for his immigration policy today. the house majority leader and republican congressman eric cantor is preparing to outline his plan for the future and how that may impact his party. molly henneberg is live in our d.c. bureau with more. molly? >> reporter: hi, jenna. eric cantor says one of the messages of the last election is that republicans aren't doing a good enough job of explaining to americans why conservative principles such as, cantor says, fiscal discipline, self-reliance, accountability of government, why those principles can help working people and their families. and that's part of what the congressman will try to do today in his speech at the american enterprise institute, lay out some policy proposals that cantor believes will, as the title of the speech says, quote: make life work. earlier today cantor spoke about fiscal discipline, pressing the president to lead the way in deficit reduction. >> we want to see from the president how long he thinks it should take to balance a budget

and how he's going to do it. you know, at the end of the day all of us are here trying to improve the prospects for a brighter future for all americans. >> reporter: while cantor is expected to talk more about the economy in a speech today, he's also likely to discuss education and health care. one capitol hill watch every says he's trying to get more people under the gop tent. >> trying to resell and remessage republican philosophy. it's not a change. it's not amending the republican agenda. thisit's not switching out their principles, but trying to put a fresh look on what their agenda is and trying to frame it as a pragmatic, useful, helpful agenda that makes your life work better. >> reporter: stoddard says cantor is one of the younger gop lawmakers trying to put forward a modern image of the party while still adhering to conservative principles. jenna? jenna: molly henneberg live in

d.c., thank you. jon: right now, gripping testimony in a sensational murder trial. jodi arias about to take the stand for a second day in her own defense. she's charged with murdering her boyfriend by shooting him in the face, slitting his throat and stabbing him 27 times. yesterday arias told the jury about an abusive childhood at the hands of her parenteds. parents. >> a bunch of friends and i decided the last night i was there, we decided to sneak out of the house and hang out, and my parents woke up and found out when i came back. my dad asked where i'd been, and i -- i had fallen asleep. he woke me up around six, and so when i sat up and i was disoriented because i had been sleeping, so i didn't give him a satisfactory answer, so he hit me across the face, and i fell back down. then he sat me back up and asked me again, and i didn't give him a satisfactory answer, so he hit me across the face again, and i fell down. >> when you say he hit you

across the face. did he punch you? >> no. it was an open-handed, hard slap. >> do you recall, did you bleed? >> no, i didn't, not that i recall. >> did you bruise? >> not that i recall. >> did it hurt? >> yes. jon: her mother sitting there in the front row as she made that testimony. let's talk about it once again with our legal panel. lis wiehl, a fox news legal analyst, doug burn is the a former federal prosecutor. i have to quote the ap on the way this trial began. they write: a softspoken and calm jodi arias laid out the story of her life in painstaking detail beginning with the day she killed her lover. what a story. >> yeah. jon: why put her on the stand, lis? >> well, they almost have to. they've got to try to keep one juror to keep the death penalty off the table. that's what her lawyers are trying to do, to try to humanize her a little bit. i think it's a real stretch, jon. i think this is one of the weakest self-defense cases i have ever heard about.

when have you last heard about a self-defense case where somebody slits the other person's throat 27 times and, by the way, then shoots them in the forehead? i don't think the jury's going to buy it, but they really had no other choice but to put her on. jon: doug? >> you never know how this is hurting the jury. they are undemonnizing her, my term, and theoretically the jury has to reach a unanimous verdict, so you just don't know. having said that, when you look at the case object ily, it would seem to me it's more of a heat of passion type of defense instead of self-defense. for example, you come in, your spouse is in bed with somebody else, you stab them 27 times. i'm puzzled why they didn't go down that road. >> they're going self-defense the whole way, and there's no way they can make a self-defense claim. this is before, by the way, cross-examination has started, jon. when that starts, you know -- if i had her on the stand, i would very methodically go through story number one. story number one, i wasn't

there. i have no idea. story numb two, it was two other people -- jon: two burglars. >> yeah, exactly. now finally she's saying it was her and so soft and meek, and, oh, this poor little thing, and this has never come out before, doug? >> but she came up with a justification for having lied twice, now she said she was going to commit suicide, so she panicked and told those lies. look, i admit it's a little bit strained. >> the lawyers did. jon: she said to a television show when they interviewed her she said no jury would ever convict me. >> right. jon: sounds a little cocky. >> well, and she's probably looking at the stats which does show that jurors are very, you know, reluctant to convict women. i mean, it's just absolutely true there. jon: three women on arizona's death row. she could be the fourth if she gets the death penalty. is testifying, you know, in her own defense, is that enough? >> no, absolutely not. and i, you know, whether you're for or against the death penalty, we do have a death

penalty in this country. and if we're going to impose the death penalty if not this case, when? jon: could it backfire, doug? could the jury look at her and just really not like the person on the stand? >> >> absolutely. and the specific reason why it could backfire is that in most cases somebody takes the stand, and that's the first time you're seeing them. here in this case they're going to show a video of a prior media interview where she calmly lies right through her teeth. >> well, she looks robotic on there, don't you think? >> but the jurors are going to say look how she calmly lied to the anchor, like a jon, and now she may be doing it again. jon: looks a little rehearsed. >> that's what the lawyers are for. jon: lis wiehl, doug burns, we'll keep an eye on this case. jenna: no one lies to jon, doug, just so you know. [laughter] well, a big day in space as nasa's curiosity rover prepares to fulfill its mission. it has a little something to do, this goal, with a drill and a rock. rick, you want to explain?

>> reporter: good set-up, jenna. anybody who tinkers in his garage will tell you a little drill work is not a big deal, but it becomes one when the work is being done on mars. curiosity landed on the red planet last summer, and nasa has been slowly gearing up for this big drilling attempt. it's the first of the mission. the rover's arm-mounted drill will try and bore about an inch hole into a giant rock, and doing that will allow scientists to examine it for signs of past habitability, whether the red planet could have ever supported life. that's the goal of the entire $2.5 billion mission and the ability to drill down into rocks and other surfaces is seen as a real key to being able to do that job. this particular rock, jenna, was chosen for the drilling experiment because scientists say it shows signs of having been exposed to liquid water at some point long ago. of let's hope the drill bit doesn't snap off. we'll keep you posted on what nasa comes up with.

jenna: fingers crossed. jon: i think nasa buys more expensive bits than rick does. jenna: is it the price that effects that, jon? i don't know. jon: we'll see. hey, here's a story about how it pays to be nice to the judge. >> are you serious? >> i am serious. adios. [laughter] jon: what that young woman did in court has her cooling her heroes in the slammer for an extra month. and, oh, how the mighty have fallen. he offered his king tom for a horse. -- kingdom for a horse. why the bones of richard iii were found centuries later in a burial not fit for a king. a member of the team that found and identified the royal remains joins us. >> and that's the man who, who is three dimensional in every sense. he doesn't look like a cartoon, he doesn't look like a caricature, he looks like someone who's living and breathing.

.

jenna: well, "happening now," a centuries-old mystery found in the most unlikely places. the remains of england's king richard iii found buried under what is now a parking lot. the remains, as hate out here, the curved spine of the so-called hunchback king. scientists just didn't carbon date the bones, they made a dna match of one of richard's descendants, and this is what the experts belief he looked like based on the remains and the customs of the time. >> i think it's important to see that this model is not something that came from established portraitture, it's something that came from the scientific process and was then styled to be contemporary with richard iii. jenna: really fascinating. joining us on the phone now from london, a member of the search

team, historian john ash don hill, he's also author of the last days of richard iii. first question first, why this parking lot? why was this parking lot suddenly the place where you and others believed you were going to find these remains so elusive for so long? >> well, jenna, we knew that richard iii was buried, um, in the franciscan monastery in the 1485 after the battle. and this, this site, obviously, like all the medieval monasteries in england was dissolved of the reformation by henry viii. and over the years it became a private garden, and then it went down in the social conscious, if you like, and became just a car park. jenna: so we're seeing some video of the excavation. tell us a little bit about how long it took and, you know, when you dug down there, did -- were these bones relatively easy to

find? were they just sitting there waiting to be discovered? >> well, the excavation was absolutely amazing, 9/11 -- jenna. i mean, i started work finding the dna link in 2003, so you can see it took a lot of preparation. and it took two years of preparation to actually get the finance and the dig underway. but once the dig started, it was amazing. it started on the 25th of august, um, the anniversary of richard's burial. and on that very day we found the leg bone. jenna: wow. and so you, just so our viewers know, were in charge of trying to find a relative so that you'd have dna so eventually you'd be able to make sure these were actually the bones of king richard. some have suggested now that the bones have been found that we can complete the story more about his life, and that perhaps the perception we have of richard from shakespeare and from all the years that followed really may not be true.

what do you think we should know about -- do you have that sense? what do you think? >> well, of course, shakespeare was writing over a hundred years after richard's lifetime, and he was writing in the tudor england, and that was an england ruled by, ruled by the dynasty which had thrown richard out, which had killed richard and taken over the throne. and if you think of a modern political situation went a political leader is cast out and the new politician takes over who was his enemy and writes the history, they don't write favorably about the politician. jenna: that's true. >> and that's the context in which shakespeare was writing. he didn't have any access to the real information. and also, of course, he was trying to write a good play which would entertain 16th century londoners. so we can't treat shakespeare as history, and we have of to try to get behind that, i think. finding the body helps us in

some ways, because it -- one of the stories, for example, which have been told about richard iii was that his body had been dug up from the grave site and thrown into a river. and many people believed that even until last year, but we now know that isn't true. jenna: we certainly do. [laughter] >> well, that's -- jenna: we have the evidence. >> yeah, exactly. and hopefully that will encourage future historians to really ask a lot of questions about all the other legends that we've got about richard iii because we shouldn't just accept them, i think. jenna: such a good point. even 500 years later you can still piece together and find truth, maybe, some truth that we hadn't heard yet. so we look forward to your further research and also look forward to having you back on the program. thank you so much, john, for joining us. >> thank you, jenna. jon: great detective work. a stunning memo outlining the justice department's case for killing u.s. citizens abroad who are suspected in acts of terror.

now a group of bipartisan lawmakers wants to know why they were never briefed about the administration's plan. [ male announcer ] susan writes children's books. when she's happy, she writes about bunnies. when she's sad, she writes about goblins. [ balloon pops, goblin growling ] she wrote a lot about goblins after getting burned in the market. but she found someone to talk to and gained the confidence to start investing again. ♪ and that's what you call a storybook ending. it's not rocket science. it's just common sense. from td ameritrade.

jenna: well, a judge sending a woman to the slammer for a month after she made an obscene gesture and swore at him. the outburst coming after she learned the judge set her bond at $5,000. when she responded adios and walked away, he upped the bond to $10,000, and that's when things got a little ugly. >> did you say finish. [inaudible] >> with actually, i said -- >> did you say that? >> question, i did. >> oh, you did say that? i find you in direct criminal contempt. 30 days in the county jail. >> okay, that's fine.

jenna: okay, that's fine. i guess. south florida, that's where you'll find that judge. be careful, otherwise your face is going to look like that. [laughter] whoa. jon: you get what you deserve. jenna: that's right. jon: new information on one of the country's most notorious serial killers with the discovery of never-before-heard tapes of john wayne gacy recorded before his execution. rick's live at the breaking news desk. >> reporter: it's not often you get to hear the rantings of a serial killer, but you're about to hear the voice of john wayne gacy who was arrested for the murder of 30 young men in the '70s. some of his defense attorneys recorded their final conversations, and you can hear his defiance as he urges his legal team to fight harder to get him off death row. >> [bleep] walking on marshmallows. you're a [bleep] liar. kiss my --

>> reporter: investigators in illinois where gacy lived and was a part-time clown believe he may have been responsible for many more unsolved murders. the cook county sheriff says the dna samples in new databases could potentially uncover more bases. in the meantime, you can hear the voice of a monster, and you have to wonder how someone could be so evil. jon: what a story. rick folbaum, thanks. and we'll be right back. thereby [ loud party sounds ]

hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein.

that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach. [ bop ] [ bop ] [ bop ] you can do that all you want, i don't like v8 juice. [ male announcer ] how about v8 v-fusion. a full serving of vegetables, a full serving of fruit. but what you taste is the fruit. so even you... could've had a v8.